HomeMy WebLinkAboutR-82-0095RESOLUTION NO. 8 2 e 9 5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE ATTACHED LEASE AGREEMENT WITH THE MIAMI
YACHT CLUB PROVIDING FOR THE LEASING OF CERTAIN
DESCRIBED CITY OWNED SUBMERGED BAY BOTTOM LAND AND
SHORE LAND FOR A PERIOD OF THREE YEARS: FURTHER
AUTHORIZING THE CITY MikNAGER TO INSTITUTE. LEGAL
ACTION TO REMOVE THE CLUB FROM SAID LANDS IN THE
EVENT THAT THE CLUB DOES NOT EXECUTE SAID ],EASE
AGREEMENT WITHIN 30 DAYS.
WHEREAS, the Miami Yacht Club has for many ,years been located on
public lands on Watson Island; and
WHEREAS, the lease between the Miami Yacht Club and the City of
I'iami for certain submerf7ed bay bottom land and shoreland, owned by the City,
expired as of March 12, 1979; and
WHEREAS, the Miami Yacht Club has continued to occupy the premises
as a tenant at sufferance until this time; and
WHEREAS, both parties are apparently desirous of entering; into a new
lease agreement; and
FLORIDA:
WHEREAS, the City Manager recommends the execution of this lease;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Section I. The City Manager is hereby authorized to execute the
attached Lease Agreement between the City of Miami and the Miami Yacht Club
for certain described City owned submerged bay bottom land and shore land for a
period of three years.
Section 2. In the event that the Club fails to execute the herein
authorized Lease Agreement within 30 days from the date here
CITY COMMISSION
MEETING OF
FEs1 18z2_ 9
is authorized to institute legal action to remove the Club from the leased
premises as set forth in Section 1 hereof.
PASSED AND ADOPTED this 11 day of February 1982.
FPH G. ONGIE CITY CLERK
MAURICE A. FERRE
MAYOR
PREPARED AND APPROVED BY:
164a—mt, �
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
TO FORM MQ CORRECTNFS�S:
GEORGE F. WX, JR., CITY ATTORNEY
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82-95
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LEASE AGREEMENT
THIS LEASE, made and entered into this _� day of
, 1982, between THE CITY OF MIAMI, a municipal corpora-
tion of the State of Florida, Lessor, (hereinafter referred to as "City"), and
the MIAMI YACHT CLUB INC.,a non-profit corporation of the State of Florida
(hereinafter referred to as "Club");
A
WITNESSETH:
WHEREAS, the Charter of the City of Miami authorizes and empowers
the City of Miami do do all things whatsoever necessary or expedient for
promoting or maintaining the general welfare of the City of Miami or its
inhabitants; and
WHEREAS, such empowering provisions of the Charter authorizes
the City of Miami to establish small boat facilities; and
WHEREAS, the City of Miami does not now maintain adequate sail-
boat facilities in the City of. Miami. adjacent to Biscayne Ba;i; and
WHEREAS, the Miami Yacht Club has since the year 1947 maintained
such facilities on a portion of Watson Island and such facilities have
been used by not only the members of the Club but the public as well; and
WHEREAS, the Miami Yacht Club since its Occupancy of a 4ortion of
Watson Island has:
and
1. Taught sail boating, water safety, first
aid, and swimming to the youth of the area, its members,
and to the public;
2. Established and conducted boat regattas which
have brought and will continue to bring international rVb-
licity to Miami;
3. Made facilities available to the Coast Guard
Auxiliary, and many others, which would be of service in
times of emergency;
4. By teaching sail boating, water safety, first
aid, and swimming to the youth of the area has combatted,
through its activities in an affirmative manner juvenile
delinquency in the City of Miami;
5. Aided in providing facilities for small
boating in the City of Miami, thereby helping alleviate the
shortage of such facilities in the City of Miami; and
6. Pioneered small boating in the Miami area
and this pioneering has aided in establishing small boat-
ing as a major economic asset to the Miami area;
WHEREAS, the City of Miami considers the above -named services
a
6- 82-95
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MIAMI YACHT CLUB LEASE_
INDEX
.
Page:
3
I.
DESCRTPTION OF PREMISES
3
II.
TERM
'
3
III.
USE OF PREMISES
4
IV.
DEFINITIONS
V.
CONSIDERATION, CONDITIONS, PENALTIES AND
5
7
VI.
LICENSES, PERMITS, TAXES AND FEES
8
VII.
PAYMENT OF UTILITIES
8
VIII.
CONDITIONS PRECEDENT .
IX.
ADJUSTMENT OF THE LOCATION OF PREMISES
9
9
X.
SOIL DISPOSAL EASEMENT
9
XI.
MINOR REPAIRS OF BOATS
XII.
ALTERATIONS OR IMPROVEMENTS BY CLUB
9
9
XIII.
ALTERATIONS OR REPAIRS BY CITY
10
XIV.
DEVELOPMENT PLANS
10
XV.
INSPECTION OF PREMISES
10
XVI,
MAINTENANCE OF PREMISES
10
XVII.
POLLUTION CONTROL
XVIII.
C014PLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW
11
11
XIX.
HOLD HARMLESS PROVISION
11
XX.
INSURANCE
12
XXI.
RISK OF LOSS
XXII.
PREMISES DAMAGE OR DESTRUCTION
12
13
XXIII.
ADVERTISING
13
XXIV.
NON-DISCRI14INATION
XXV.
ASSIGNMENT, SUBLETTING, OR TRANSFER OF STOCK
13
14
XXVI.
DEFAULT
14
XXVII.
CANCELLATION BY CLUB
14
XXVIII.
CANCELLATION BY CITY
15
XXIX.
NOTICES
15
XXX.
ATTORNEYS' FEES
XXXI.
SURRENDER OF PREMISES
15
XXXTI.
CANCELLATION OF PRIOR LEASE AGREEMENT
15
16
XXXIII.
AFFIRMATIVE ACTION PLAN
16
XXXIV.
OBTAINING APPROVAL OF LEASE
16
XXXV.
CAPTIONS
16
XXXVI.
TERMS BINDING ON SUCCESSORS
XXXVII.
PUBLIC ACCESS TO THE WATERFRONT
16
82-95
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lop
LEASE, AGRE'EMEINT
Between
I'II1: CITY OF MIAMI
And The
M I AM I YACIIT CLUB
0
1
Ir-
82-95
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to be services of a public nature, quasi -municipal in character; and
WHEREAS, the Miami Yacht Club has established itself internationally
as an asset to sail boating and in so doing publicizes the City of Miami; and
WHEREAS, the City of Miami desires to aid, insofar as is possible,
the small boating and sail boating industry of the City of Miami; and
WHEREAS, the Miami Yacht Club has financed and built the facilities
it is now using on a portion of Watson Island, and that the said Club occupied
a portion of Watson Island prior to the time the City received a deed from the
I. I. Board to Watson Island: and
WHEREAS, the greater interest of the members (-)t' said Club and the
public, generally, will be better served by the expansion of the Cacil.ities of
the Miami Yacht Club to include .substantial improvements for the pi&•poses hert:in
expressed and will aid in focusing the attention of the public t*eneratly and
the visiting tourists on the recreational facilities available in the Miami
area: and
WHEREAS, the City; of Miami recognizes that the Nliami Yacht Club, in
order to finance additional improvements necessaiy to its operation and t;o make
available launching facilities to its members and to the hirblic, rinst Irtve a
lease; and
WHEREAS, the City of fQir-,ini in its overall development plan for
Watson Island does not for such purposes presently need the premises herein
demised; and
WHEREAS, the Commission of the City of Miami, by the adoption ni'
Resolution No. ,� ^R� dated ! lbrAte.�„a.v /I , 1952 authnrize,l
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the City Manager to execute a new lease agreement with the Miami Yac}it. (!lib, lr;,•. ,
for a period of three years for certain described City -owned property on
Island;
NOW, THEREFORE, in consideration of the premises and mutual coveriaint:;
thereinafter contained to be observed and performed, the parties hereto :�rr�ruir
and agree as follows:
82 -95 l
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44
1. UI?SC'hII'_I_1(114 0P P.!`I MISFS
The City hereby leases unto the Club for th(- purpose and under
thr rnnditiun:; hrreinafter set forth, the follnwinq real prnperty and bay
botit)rn Iand, located nrl Biscayne Ray, City of Mi lIni, Vlade County, Florida,
legally de:;c:rilwd •u; fnllows:
According to Exhibit A. attached hereto
and made a part hereof ; 1',Irt.hrl. (if.[ i (•I f"I
I.v :l r,hetnh shown n. Exlii h i t Ii.
The term of this Lease Agreement shall be THW;P; (.3) years,
1
day of 'Ind I., `t"mi oat i nO
h,,;iuIIill,l ,„ I il, ,...
nn the day o f 11985
Gj`K jji X
t_
? I I . I: I: ill• PNEMISI?S
Club shall have exclusive rights, at tale pr(,viou!-ly described
I() c•ondliu all of the usual functions incidt•tltrll to y,101t cluh
In the qualificat-ions contained rr1 th,' i,rnVt::inrl:; of thlr,
()l(erat ions as authorized upon the promise, :;h,ll 1 he de!,icineci
primarily to serve the members of the Club, the boat_incl public, and visiting
<Ind fol- no other purpose. Food and beveraoo operations shall be
permitted as a !;ervice to Club members and guests.
(b) The Club shall make no unlawful, improper, or offensive use
of tho leal.ed promises.
(() 'Phe Club shall not engage in the ,ale of food and alcoholic
i)evera,ir:;, ol- tile_ sale of other merchandise to the public without first ob-
t ai.nin(i t h, wr.i t-te.n consent of the City Manaqer of the City.
(d) `1,11is Lease and all rights of the Club hereunder shall, at
the option of. the City, cease and terminate upon discontinuance of the
stilted use and operation of the premises of the Club, after having first
been (liven written notice by the City of the violation -and/or default and
after slaving first been qiven the opportunity,to cure said violation within
thirty (M) day:,.
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Ea
t�:. r�r�rrtrr'r'TnN�;
I'n1- t he Iiurpose of calculrtt.ing the cnnsidoration duf' thll City,
atld other Iorlw' .Intl conditions of this Agreement, thc, fnllowirtc{ definitions
t;II,I I l 1 -14 � tt ;I'd :
(,t) RrsrIIKN'f (CITY OF MTAMT)
n. r, s; i dent status steal I be evidenced by owrlc,r5;11i 1, ( if iI home
nld pa : itill ad va iornm nroporty taxr,s I , r he Ci t y; c wni tif { and
O1".1'1I hill ,t bu!;ilies:; in the city ttm•l,;i,ir hn1dititl
t I'ily ()t• Miami occupational ]icertsO); tit-, heiticl l r-listered
voter of the City.
(l) PARTICTPANT
Part i ci pant shall be any person that is an ,jct i vc Dart i tr" pant:
it; the Club's public service programs, and whose r,alne is re-
cx)r�ieci nn the report of public services as recpuirect.
(c•) l!:;I:P. ()t' Till-, CLUB FACILITY
Anv memi)er or their quest havinq docl:i lm, moori tiq or otherwise
havinq the privilege to keep a boat on the premises, shall be
c"rnlf;idered a user of the Club facility. (Title tint withstandinq).
(d) t'I'R CAPTTA PROPERTY TAX
'I'ho por capita property tax is defined its tho Cit y's property
tax revenues for a given year divided by the City's populatinrt
a!; estimated by the City's Planning Dopartmc�nt, for t110 subiect
ye,I r .
(o) h1ltl.l'11'111: USER
f t there is more than one family Ia#ante<-r or clue I (lnc_•k i nq ,
ITlntil'1ncl, tIr otherwise havinq the I)rivili,•r(t ctl Vl• i ltic{ it boat.
tin the premises, each person shall be. considered individually
W; it user of the facility, and thus counted as one more user.
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82-95
A
r! t! Tj!)PN1 il,Rl PENAI,'! [F:*,, nNlt nl7.TUt,i'G1h;fJ'I';_`I'(t t nr?I;
I 1;1VI'iit
TIII rin lri r nt,al h:lyut71 (' t,() the City ,h'11 1- 1)(_Che rr on.t.er_ ot_ thr'
1'. I I (Iw i [I--:
1 r I,;,:,•
ye:Ir•I,y I'ent, -II tUrl( rirt. Of *I(,,;`i,,;'(I,
11 111 ,t'.0",,
por square V(I(,t I)t' ::hnrel
trni nrc:t
null :}1,U;' I,er ::(Iuare
.:uhinot-red hayhot.1xvi nten
a:; I;'rer' i
Ir�(In; or
hropc'i•i.y trlx, n:;
Iwreitl :Ih(•v,
lel'iill',I, rault.aillJr'II
I \ I
II unller ,' rnernlwh(are
II:,I'r:: t' t
IiI 1' I ,h I' t( a 1 i t,y 1.hn1.
i
idc'ltt:. III' Llit Pity .;I'
Ilti:irr;l.
n, r.1. I•. -Al') rtr•(t hrtr•t,il:Jhnnt:, boilit' I'.. I1111 .1 I r I iti• .11Mij11it:o.iIiii; or
(3) Ten percent of gross income including, but not limited to, club mem—
bership dues, wet IS, dry boat storage and restaurant IS, bar operations.
IiI.I,+ti t, t1w aforemotlt.ioned relit :itt-Illii,;., t'!: ,I •1 V.'Ii"111Cy i, ('ilt'
n' f i:r• t('*.er tAle e fi'ertive linte ol• t.11i. I' Inl i l tl nn;, II'I 'I'
,,'!i, •, jl��!i. kept, alld .,;ilia `:01t•'1lloY 1. III)1 i I �� ;1 l'. rl !:,�•It. crn'tl,'�.
j I'iI , „t' (•il'Iuir ro:11414'rlt.; 1•11e (•I11h Wi I I II' I , I Io I'I I.y '1 ., 11'I'Ii' r ',
,Ia.,•:ilfi. ..I' ,'I,1'", or tile her eal)ita I-IropQrt.y t.'li,, i'Iij' I,•I,'ti 'tll,i ,,;r('1"y l;('i":�C7rl
i !w "Ili) Who ire users of the Club t'a(•i ! i t :. -Club I:'I I I IIe
i I•\'� 1 I I' I,:1,yn1('llt, of the Rllrohnrre for t.rlt• 1, ht11' -hiri lo,
LhI' _ years of tliin agreement when t.h, 1:11nh(: c,t' Pity
i ( , J iwo, ii:.or:, of the Club facility exceed Mir' 1'(I 1 1 ()w i'W:
I(t" the first, year, endinrr, Octolter I , P08:'
J. the :second year, endinir, (lct(il-V i
I I " I.he ttli rd Year, end i n}* Oct()hot- I , !, IiQ,
Midi lit,,
1'I11l ::h:t l I he exempt. from any :;ureh:irl*( (iur•int,. t.hr I,r.)-iol-i , specified
'Ij,ve, i t' t,:t(h and every vil(':l.ncy that C)00111%i.. i'a I Ir•11 by a Cit,,y of
''i Ir•ii 11 .,i,ient':, bo-It. or the nttrnber of City (II' Mi:tini ro:,ident User-,
1'I•.1::1")Ilditit, to the hereittabove hI-1, (.11t.:tj•r•:; (r(,talded Off to talc,
i. re:wiled.
_ F,_
g2-95
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Tne City-vire-s that any of the aforementioned surcharge amounts
received by the City shall be ,.aced in a separate account within
the Marina Enterp-.ise Fund dedicated to deve •ant and improvement
OIL the Ciry'_, Mari.r. S.
2. For the purpose of calculative, the consideratic;n due the City, family
mombf,rshi.p shall be computed as one unless there is multiple use as
,,orna},ovt: •aef.ined. in thla case each'person shall be considered
Jnd_iviJdu,ally as a user of the facility, and thus counted as more than
one user.
3. Too , , ..u• that one twalfth (1/12) of the annual 1oase yearly rental
•::,l.,1; -'e paid for the current month on or before the twentieth day of
ach mor.tn.
4. •t'i,o cluo snali, at the end of each six month period, provide a state-
mt nt it-, curtir-ication form signud by a duly auti,ori.zed officer of the
cli:b ..utestinq to the prior period meibe'rshll' compo:titi-ii; restdent.,
ae,i, usur, non user; the number or guess s usinq tho facility;
i:i :;umd-,er of nwe occupancies by non resident Club rnemburs for the
;�r; o� Six, ci: I- },i_riod; tha occupancy rate; the rates r i,,. •;e ; ; and any
aciclitiar,al oetail as the Director of Finance for tnc City may pr,•ScriLo.
'i',-,t? C; _o s,,.A, i ieport bi-annually the public service programs in }?rogrr,ss
,:.ri;.,,
) ,2cedAng
month, the
number
of participants, their names and
any oc.hec
additional
details as
may be
required.
C. The reports c,.id operations, thus reported, shall ne subject to audit by
tilt'. City Gn a yearly basis to detdrmine the additional consideration, if
any, payable to the City, in accordance with the terms of this Agreement.
7. ^r,e Clui; agrc:t;s that ulon execution of this Agreement, and every six
Monsn perirA thereafter, i.t will provide the City with a complete
listing of all club members, all club users, their residency status,
any changes in cite prior six month period, and any additional details
as the Director of Finance for tbr: City may prescribe.
H. The Ciut) agL • es that for puol.ic purpose, it will. maker the Club fricilitie:".
-Availabltt twelve times a year for public ,.,6e as niriy be designated oy the
CiL.Y Commission upon available dates.
82-95
,k.
c AD7USMl:. TO TH CONSTDrRAT.W
e yearly•reiitai will, be adjusted every five (5) years ana shall Y
the e,Ater of the following:
One ndred twenty per cent (120%) o.- the base rent yea y
amounts lculated .a the square footage provldud to the peric+
of this Leas as t,:, the first ae.-,ustment; it', o hunr ''c,d twenty
per cent (12JLi
tr,e then existing rent on y perious there-
after; or:
1}tt jt u21� rental uI-sail - paid in a d lair amount equivalent to
trn_ present purchasing power f ea dollar. This equivalent
ti v
amount will be determined by di dilxy the renal amounts applicable
';)y the CCiiiSUTT+er price index urL,er
the lase data for whic},
com,+utatior, has beets read in 1982' by the bureaa of I�hor Statistics
o: t'r,c United estates partment of Labor fo the month preceding
t.nu mor•th an' wnic the Luse becomes effective u d then multiplyina
chat a;count b the index numbor for the month prec•e 'ng the month
in Wnich t adjustment Is to take place.
i'}iu pur cajjitd Iuoperty taxes will be al justed every five ( years
V.o with the taxes and population in L11C year in wnic
ne a6justment is to take place.
TAXES AND FEES
a) The C.Lub shall outain and pay for all licenses, permits, and fees
necessary for the Club to conduct business or, the leased premises. The
Club :,hall pay all taxes of whatever nature as are lawfully levied or
assessed against the uumised premises and improvements, sales, rents, or
oj:>Lrations thereon including, but not limited to, ad valorem taxes, and
the l)ayLleTit thereof shall include taxes assesse," for ti,e current- year, it
any aru so assessed. The Club further agrees to pay all of the said
taxes lawfully assessed, on such dates as the,-, become due and payable.
The failure of the Club to pay the taxes as aforesaid, shall constitute
grounds for the immediate cancellation of this Lease by the City. The
Club is to pay all charges and expenses of every nature that may be im-
posed ►pon said leased promises and its appurtenances during the tt,-m
of tY,is Lease or which may arise during the term of this Tease-
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82 - 95
Club shal.i pay all charges for utilities to the lensed premise,,;
incliidinr,,, but riot limi- ed to, ch;trges for water, (ra , ewap;e, electricit;r, and
teielln-iie, <iu:'in r the term of this Lease.
%,eti;;e shall not becc.:, : effective unless find uriti 1 approved by the
City CommiiL;siuri i,;' tiie City of Nlari.i.
a) ;,) . .rik,-Lure of any kind now exist.inr; ;ri the shhall. be
or /L new structure erected upon t.ne :,:rein described premises
;,nu plans for said construction havt- been first submitted to
.'jager aria -,-ie Director of the $L111i i !I;' ,Ild I,onir_r Inspec-
flail_; ,�a.tmcnt of the City of Xiami. `.'or ap-t:ro`..ti.
to this Lease the Cluu :,nul.L at i ' .. sole coat
ext)t'ri.,e aL.. permits, apl)rovals, and rej.rited .inctxients fr,'?rr. any
t:.•. .... :'e:icrq�, State and local governments an.i requiring
cor,:Aruction crf any new dockin- or' clue f i,ci 1 i.ty excejAing,
the : t..3 (--v:rall Watson Island marina aeve.,opmen4, plan. rile Club
the City being the fretz:hoider anu n;tvin,7 v(-sAou r;E tits in
ti'U t't•ti_ SttitC which is the 6ubject o' "�r,i5 A�.-ree.mont. :;Ila, ,t the
:AI file C1U0 its 8utl:orl'L@d tl;?Eni; jr, i�l�.:.:,t! fc),' L-li. 3UcIl
t All such permits shall be ana r emitir, at :ill times the
1',roo1'Ly of the City, its successors or assit-n.-.. The Club stAl l file
tht_ for all permits or nece::;ary to commence
cosh?truction i.nd/or dre :;l:ig on the leased premi:.;es.
fie a;)droval of any expa..ded docking facilities c,hall be first
O'u-ta.Lned by the Club from the followin(;: (l) ` t-If Unite(:,- Stutes Army
oi' i4t;ir,c-lers, (,') The Uniteu :Mates Co'96t Guard, �3) The Trustees
of t1le of Florida Internal improvement Ft.nd, (1r) The City of
D1:ami Department or Pir,iic Works and the City of t."•tr.;i Building and
Zoning irlsl)ectiorisDepar:e,ent, and (5) all other permits required by
law. The Club :hall inform the City Nanatyer of all :such applications
!tad shall. attach copies thereof. Permits anti i i tense::., as they are
approvea, shah. be issued in the name of ttie City.
M
82-95
.i
IX. ADJUSTMENT OF THE LOCATION OF i.,;MISES
Should the City or any governmental agency,by virtue of thei- juris-
diction over publicly (-Wr,-:�d lands reci...ire, for the purpose of development, public.
need, or any other public purpose, the realigrunent or relocation of the demised
premises or parts thereof; Then the Club shall be bound to comply with any
requi.r-i changes or adju,;trnint as may be directed by the City Manager.
X. SQTT. DISPOSAL 'r.'A. ,NT
It is further l.n6erstood ana agreed by and between t.. City and the Club
that this
Lease
is
subject to the
provisions of
a certain Soil Disposal Easement
between the City
of
:riarn:. and the
U.ited States
of America, dated the 18th day of
February,
194H,
rr,r
t:-,e aa,,l�ir,c� oe
fill on the
property d::scribed hereinabove and
i.r, Front
of the
pcn;"--rty
uescribed herei:'labove,
and that the Club agrees not tc
inter`ert
with
any
opt:!rations by
the United States of America pursuant to the
said Easement.
XI . bl't:t�i' 0r :s A^.S
only minor 7u,,alr5 and servicinq or boats shall ilc permitted on the premises.
T;,U Ciu'U :'��ca i ides sr,all mot Ln' used for the purpose of major maintenance or over-
haulinc; of i.c ats or. craft..
,'ne.. Clubs;, lil maize no leasehoid improvement, addition, partition, alteration
or adjustment to t,,f-: leased premises, (maintenance an, rel-.)airs excluded), without first
l,avin'j oLt,iired t,•,,: written consent of the City Manager of tht: City. Ali rec;uests
shall be in writing and shall Include :?luns a••.i specificaticnF: pertaining thu,uto.
All alterations, impr V�mel'ItS, addition:;, or partitions made or installeu by the Clue.,
or: thc� iioivised premises autnoriaea under the Lease Agreemc.,nt dated June h, 1957, and
all rIlterat.ions, 11-1plovements, additions, or partitions, both real or personal made
or installed by the Club on the demised premises under the provisions of this Lease
shall become the prol::rty of the City upon the expiration of this Lease.
%III. ALTERATYQNS 0.'_ kEPAii:S BY Th"- CI'-'Y
The City shall have the right to make such alterations, re..nirs, or additions
to the leased premises as the City may deem necessary without any liability to the
Club therefor, upon reasonable notice to the Club. (Incorporated by reference is
XXVIII B for compensation). The Club shall cooperate with the City in making such
alterations, repairs or additions to the leased premises in order that the City may
complete its work. The City will cooperate with'the Club in making such alterations
or repairs so as to not unreasonably disturb the Club in the operations of the
leased premises.
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V. L- ,.
i}lt' +le.Vt' oprnrent of new aoc:King I,,icilities i3 F1r;ti,:l.pated by the Club
and tY(F? (,ltj%. `i`!if[ Vc1.OpinentP.7 ! _<<sri for an,, new +:1.Ut,I facility itltlst complement
tilt_ uve•j'.,t1.i F+rn planning for the Watson island area. The dry storage areas
I' t}tc t.:l ut; .'rlc i ", ity shall be adequately screened or ..,uidccap('+i. No structure
Oi any kinu ti(iW e>.�..iting On the pri.f,i es shall aM , ��1 or- new structure
6 --It, Xt
t:r;C' ier.,,i seu prelnis,:s lnlebs the pians^therefGr ' 111 have been
21 C C i.+'+1 11 ?Gil
,'1 I':.t .. :;);;1j LE',I L � 1.:,C ..it;✓ ii ina�,dr aLd the lii.vy rippT'OVa
vUrN;.'_J l.
Lv i,k'rtTiIt tli - laity 14anager or I:�'.; "i'ut,nVl'i: f'li representative
at filly til.n' for any iurpose WhiCn tt,+., City T•'}ana?er O the
1PC'.!ln' t:�'t'�-•;S:try r,i' ir.c:i( enta- to, Or connected Witr(, i,n� performance Of
t ' rl l}its
l'.i L,, ll'lt ; ••, +f'i , .n is riL i:�.i3 herel.;r.Cief , or in
the ex,:rci se
l .,,.,.,� , .it solu Cost and expert:-,- : , i�.•: ] ntl�lri the+ eaEeCl
OOG or er;1n+'1 in an
L 1, 1. ,.
:;unitary condition. Upon she Glib`._ .,�ji.itlre t:) m.aIntaiIl
L'IC r'rP;('i1;crG ;ln.t ,:i.�J;'+?VE^,chits tnctreOn in the conditioi nc'GtO UrC Set fOi'ttl, t0
t:.tli ' , ;'ttCti,+n f rti: C1ty Manager of the laity, 'N�ith prlt)]' i.1Ce tC t.}-le �,lllb,
�tty 1,(.r'i;t,t',:, LnC +;ty ina;-T,er n..ty make at its SO_te option, the necc-s!3,t:'y
e):i;t'nrt:t.;lY'c':. :.•+ :•iu111t,Ai:� the prC:Li.:;es and i,-nprOVt'mt?nts trlet'f'Or. 1n a good, clean,
''�+' stFtte, and sha..1 assess the co-;t therefor, Or tiie cost
,;.+I:lt;;t':✓, <+nd It."Gi'FxCLi
<, 1' any lle;.es_;aI ,; ,�I;airs , against the Club and the Club siia.l i , within ter. (10 )
I:ty <+ 1'l c?I' rcCt' i jiL Of notice oI the cost thereof, remit said ri711�urlt to the City,
lie ih default of this Lease.
U) t n;i1i Ge tI',e sole rY,
esponsibility of the ll,]G to T,:iimain the
struot.,.it'+'3, equi,,,ment, furnishings and fixtures, and the larld a-i)purtenances
thereon and trtir.'etO, ar.3 t ,e Club shall abide by all lbws and make suc}i improve -
merits a!; required by law at its :,ole cost and expense in c,perating the facility
i'+-,r the purposes as provided by this Lease.
VV11 M1,I1I`1'TON oONTROL
The Club shall comply with and abide by all Federal, State, Count;,,
City laws and regulations either presently in existence or subsequently issued,
with ri:f*aI'd to !,t,t,i-polluti�,. methods and sewage waste disposal.
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82-95
XVIII. COMi'LTr ?, _a:° 1ti1 T {{ CITY, CC .i .'.";, STATE AND 1'ED'ERAI� L.•1W
S'he Club shall comply w,th all rules, regulations and laws of the
City of Miami, Dade County, the State of rlc,rida, or the United States Govern-
meat, applicable to ne leased premises and any improvements located thereon.
Any materlc.,, failure to comely witi'l such rule, requlation, or law shall be
deemed to he a default on the part of the Club.
XIX.
IiOL% liP.h;1LRS�. '�' ROVISION
'i ilc' Cluti SC. .11 raintain and supervise Lne leased premises, including
ooci;ing lil a safe CO"diL'10:1, and b'I' 1 ln(lt'mnily ana save harmless
t}le City arms it:_ Officers, Agents, and i;mployees, from and against any and all
clr,im: suites, «cLloijL,, damages or causes of action arisinc{ during the term nf
this i.t_'a.`3e for any personal iniur; , loss of life, or Qamat,c to property sus-
taine,t in or on the, leased premises by reason of,or as a result of,or arisinq
out of Lho Ciuo's occupancy, uso, activities, operation anct construction thereon;
from ana against and orders, judgments, or decrees which may be enter,.o thereon;
ari'1 iron ar.cl .t,ain:,t all costs, attorney's fees, expcnses and liabilities
i.icuri-oo in ti-,L defor,se of ally such claim and the investigation thereof.
`jI( C1ur) s:,all maintain during tile term of this Agreement the
follawinq insurance: ,
a. 1�1it711 : Liabl t 1ty lncl'l,.11nc.j Products Liability, In .urance in the
1ST.Cllili:Ci 5 f li,>i: le,S: Cii,Ul $1,000,000.0i1 i.k:f oc(.Urri_llce for 6eiath or
;rn,u,y anci not lass than $50,000.00 her occurrence for
property oamage.
b. A Standard Fire Insurance Policy on its promi.,jcs and all f rniture,
-Us' -quipment, and improvements, includingl the perils of
fire, exrcnaed coverage, and other perils, for the actual cash
value thereof-
C
. The City shall be named as'an additional insured under the poli-
cies of insurance as required by this Agreement.
d. Autornobiie Liability Insurance covering all owned, non -owned, and
iiirea vehicles in ::mounts of not less than $100,0o0.00 per accident
and $300,000.00 per occurrence of bodily injury ana $10,000.00
property damage.
e. Tile City shall be given at least thirty (30) days advance written
notice of cancellation of said policies or any material modifica-
tions thereof.
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82-95
f c'ert i f lc<ttes of insurance shall be fi led wi th the Finance Depart-
m.•nt , Pink Management Division of tho City of Miami.
�. the insurance coverage required shall include those classifications
15 listed in standard liability insurance manuals, which most
nearly reflect thp operations of the Club.
h. All inqurance policies shall bn issued by companies authorized to
d,, Icus;iness; under the laws of the St ate of Florida and must he
r.atc'd at 1 onsl "A" as to management. and Class "X" as to financial
strength, all in accordance to A.M. REST'S KEY itATING GUIDE, latest
edit inn.
i. The City reserves the right to amend the insurancv requirements as
i rc umstances dictate in order to protect the interest of the City
in this Lease Agreement.
i ,'h.- c'Ini, s;lc,cl l rrrrnis,h cwrt iricates; of in! to I In• ('ity prior
t ,) tit. conrriencerrtrnt of operat tons, which toil i I icW "n Alml 1 clearly
i nd i cite t ht. Club has obtained insurance in I he t yl-, ;rmnunt , and
c• I aqn i l i cations as required for strict cnmpl i.rnce with this
cnvonant and shall be subject to the approval of the Department of
Finance, Frisk Management Division of the city of Miami.
k . The iml i cy shall be endorsed as Follows:
"it is agreed that in the event of any claim or quit
against the insured for damages covered by this. WOO
insurance company will not deny liability by the use of
:c dol''ns;e based upon governmental immunity."
I'he club aclrees to assume all risk of loss., injury nr damago of any kind
or nature what ssoover to property now or hereafter placed on or within the leased
11c•misos Icy tw Club or others, and all risk or loss, injcrry or danracle of any kind
or nature what s:-ever to the contents of all buildings, docks, or (improvements made
in c he ('1 ub i the sit ructure or structures, or to any doors:, chattels, merchandise,
nr to any Whet- prol !rty that may now or hereafter he pla-od upon said leased
promises, whether belonging to the Club or others, whether said loss or injury or
damacle results, from fire, hurricane, rising water, or from any other cause, and to
hold Orml-as; tho City from all claims and suits growinci out of any such loss,
injcrry, or damacle.
xxi f . I'I'.I'.t11:a;:, DAMAc71; OR Di:STRUCTION
(a) Tn the event the premises shall be destroyed or so damaged or
injured Ly fire or other casualty during the term of this Leese whereby the same
shall Iw rendered untenantable, then the Club shall render said premises tenant-
alAv by repairs, within ninety (90) days therefrom or such additional period of
time as agreed to by the City Manager of the i:;ity, in writing.
-12-
s9-95 A
(1,) it, t
the
premises are !;uhst ant i al l y dest roved or
so
I<Irna(n d (,t i n jibed I,v
fir(, or
other casually t hat the
cannot
he
r, •ndered t ell,1111 oh h. nr I hr+t. the Club elect s not: to r(�l,a i r wi t.lii n the ninety (90)
illy 111 tit her I,,r hill ill; a(ireed above by the Uit:y Man,l,ter, I iwn the l,rncee(IS of
the in:;nr,-lnc o liol icy or policies covering such loss or d,lm,icle shall be Paid to
the city o! niaini .Inca the Club as their respective intere:;tI m,-Iy then appear
,Itl,l t hi I, ,l:n !;hrl I I he deem,A terminated.
I.11, Cl I11. :•h,l I I nut permi t any !;i(Inl; r,r ,I'Iv,•t I i ;ililt milt I (,I- t u h,,
I!,le,•d eitIII �r
iu thc,
interior or upon the exterior of
Illy huiIIfincl or port ioil
ut I- he lea!;,'cl
premi!;o%without
first having obtained
the written allpr_ova1 of the
Ci I y M.'l , l•; -r
uf- t h(,
Ci ty; however, the Club may place
a .ual or c'u:o omary
nlrrhand i :; i n(t
! i (tll!;
lipon the leased premises without
approval (,ruv i d—i t llnt , it'
he ,vent I he
i'i t y M'Itia(ler of the City notifies the Club in writ in(1 to remove
Illy ur ,I'll (,t
tiles,
merchandising signs, the Club shall
renxlvo !;,erne wit:llirl the
t irnc. >;l,ec:i 11, d t,y the City Manager of the City.
X`: IV. !Jc, i-I Ttic'PI MTNATTON
'Phr (']lit) agrees that there will be no discrimination against any
poll - ,on r,tl ,rc•('c,l.int of race, color, sex, religious creed, ailco!7t ry or nat ioll31
ori(tin, it, the u:,e of the derlised premises and the iml)rc,vetncnt t hero(wi. Tt-
i xl,r,r;:iv ,,IId''I-5t0(Id that upon proof of discrim.incltion thc: �'ity ::hall have
t i,e riglA it, I erinirlate this Lease Agreement.
n:::,II:NP11,tJ'I', :.UIiLI:TTING, OR 'PRANSPER OF q'1'0(, :
The (Auh shall not assign this Lease, nor smillet, nor assign, or
::uhlet any hurt ion of the demised Premises, nor grant any concossion whatsoever
during the terrn of this Lease without first having obtained the authorization
cif the c'uum i:r;iorI of the City of Miami. The Club agroo; that it will not
in the corporation subsequent to e_nterinq into this Agreement
ullt it suc•I, i r.in!,fer is approved by the City.
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82-95
�.
XXVI. DrFAJLT
in the event the Club fails to comply with each and every term
and condition of this Lease, or fails to perform any of the terms and con-
ditions contained herein, or fails to comply with the written directions of
the City .tanager of the City wi.:hin thirty (30) days after written notice to
tht. Club (of the specific failure claimed by -the City to exist) , then the
City, at the city's sole option, and without further notice or demand to the
Club, may cancel and terminate this Lease, and said Lease shall be null and
voia and of no furti,er force and effect, and the Club shall forthwith vacate
the premises.
XX'JIi. CANC'LLL,ATYON BY C-L1513
it is agreeci that this Lease may be cancelled by the Club at any
time upon thirty (30) aays written notice to the City Manager of the City.
The Clue shall have 1-.ne right to cancel this Lease at any time but such
car,celidtion shall not impose any duty or obligation on the City to make any
cor,,,ensation or r�2ir35ur:,emunt to the Club for any part of the cost of con-
strt.,.c!or, o-r Mai.ntenance of any improvements made thereon by the Club.
X XVi'1i. iiY WE CITY
(a; 10ne City reserves the riSht to cancel, terminate, and declare
this lease to be null anti void in the event the Federal or State government
requires thc: City to reacquire the demised premises; or, said premises are
nceuua ry thu City for any municipal purpose. Notice of cancellation shall
be given at :eusL six (d) months in advance, in writing, and mailed to
the CorN►loaore, Miami Yacht Club, 1001 MacArthur Causeway, Miami, Florida 33132.
(b) In cne event the City cancels this Lease as provided in sub-
paragraph (a) above, and for no other reason, the City will reimburse the Club
for the remaining unpaid capital investment of any permanent leasehold
improvements constructed on the premises. No reimbursement will be made if
the termination of this Agreement is caused by the Club's failure to comply
with any of the other terms and conditions contained herein.
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82-95
/0"j
n
(a) Al I not- i.ce s shall he sent to the part ies at t he fol lowinq
Ci UP: Commodore, Miami Yacht Club
1001 MacArthur Causeway
Miami , Florida 331.12
CT'I"i: The City Manager, City of Miami
3'cc10 Pan American Drive, rriturc'r Kc'y
Mi,uni , 1•'lori(1a 1*11 33
(I,t 1111 Cl u1) and the City may chancle the ,-,hove in,i i I i nc; .ulclre ;sel;
,11 ,111y t im,� irl()n giving the other party written notificat ion.
(c) Al notices under this Lease must be in writinq ;lnd !;hall he
deemed t o lit, served when delivered to the address of the All not- ices
su,rvod by mail !-;hall he registered or certified mail, return r-coil,t reclueste.d.
in t lice event it becomes necessary for the city to t ilc, a lawsuit
i ;'u tippr-1pt iato Court of law to enforce any of the term!; and cuedit-ions of
t h i,, i.c r ; ', car to rc,clui re the Club to perform any of the cclvc'n.ult or t('rms
,uni t-ondit ic)n!; r:, pi ovided herein, then the Club agrees that it !;hall ray to
t ;w city r a::onabl e attorneys' fees.
XV.:IF'itI.MISES
The Club agrees that it will quietly and peacc,nhl y quit: and
do l iver tit(, )r;r:;ed premises to the City at the end of the lease term in the
•.unc' or net t-r rot, l i t ion as received, ordinary wear, dec,ny anti daina(le by the
1,. •,r nt : can l OXCOl,t 11d.
I i . (W 9it,1,AT1ON OF PRIOR LEASE AGREEMENT
IIpon I hc, execution by all parties to this l,(-.aF;e .tnd whe►r approvc-d
I)y tht, city Commis;:;ion of the City of Miami, the Lease Agreement dated June (i,
t (I(J.0 111•r with aniondments thereto, if any, shall ho vac-,ifod, (%incelled,
t ISiAlt', .ul.l ;hall be of no further force and effect.
-15-
- 9 5 •.
XXXIII. AFFIRMATIVE ACTION PLAN
An affirmative action plan requires that action be taken to provide
equal. opportunity, as in hiring or admissions, for members of previously dis-
advantaged groups, such as women and minorities,and often involves specific
goals and timetables.
The Club, in furtherance of providing equal opportunity for previously
disadvantaged groups such as minorities, shall institute an affirmative action
plan.
The minority membership of
the Club shall consist of no
less than 10%
of the
total membership after the
first year of this agreement.
The Club
shall then increase its minority membership 5% per year thereafter until such
time as the total club membership reflects the minority percentages representa-
tive of the City of Miami's population.
The Club shall provide a minimum of six (6) public service functions
for minorities at the club facilities, which shall include three (3) for
hispanics and three (3) for blacks. Four of the six public service functions
shall be scheduled during the summer months of June, July, and August of each
year and shall include two for hispanics, and two for blacks.
XY.XIV. OBTAINING APPROVAL OF LEASE
Prior to this Lease becoming effective, the Club shall obtain from
the Trustees of the Internal Improvement Fund of the State of Florida, the
approval of this Lease or such other legal document approved by the City
Attorney Which would indicate that the Internal Improvement Fund of the State
of Florida does not find this Lease to be in violation of the deed restrictions
of that certain deed No. 19447 between Internal Improvement Fund or' the State
of Florida and the City of Miami dated February 24, 1949, recorded in Deed Book
3130, page 257, of the Public Records of Dade County, Florida, under Clerk's
File No. Y 29610.
XXXV. CA PT IOUs
The Captions contained in this Lease are inserted only as a matter of
convenience and for reference, and in no way define, limit, or prescribe the
scope of this Lease or the intent of any provision thereof.
XXXVI. TERMS BINDING ON SUCCESSORS
This Lease shall be binding on the City and the Club, their successors
and assigns, and they shall abide by each of the terms and conditions hereof.
XXXVII. PUBLIC ACCESS TO THE WATERFRONT
The public shall be allowed access to the waterfront areas of the
leased premises, said access being subject to restrictions for public safety.
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52-95 �
IN WITNESS WHEREOF,'the parties hereto have caused their respective
names to be subscribed and their corporate seals to be affixed hereto, this
the day and year first above written. This agreement shall not go into effect
until the parties hereto comply with the terms and conditions set forth by the
Internal Improvement Board of the State of Florida; said terms and conditions
are recorded in the minutes of the Internal Improvement Board of the•State of
Florida and are recorded in their minutes of the meeting of May 28, 1957, held
in Tallahassee, Florida, and that said Board has found that this Lease is not
in violation of any restrictions or limitations of record of the use which may
be placed upon the demised land.
ATTEST:
ATTEST:
THE CITY OF MIAMI, FLORIDA a
municipal corporation
By
CITY MANAGER
CITY CLERK
MIAMI YACHT' CLUB, INC., a
non-profit corporation of the
State of Florida
SECRETARY
PRESIDENT
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORRECTNESS:
. cF�
GEORGE F. KNOX, JR. CITY ATTORNEY
`' - 9 5
REVISED LEASE DESCRIPTION
MIA141 YACHT CLUB '
EXHIBIT "A"
Commence at a point shoe-m as P. T. Sta. 25*50 of the OFFICIAL MAP
OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS
A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA, as recorded in
Map Book 56 at Page 71 of the Public Records of Dade County, Florida,
said point being the point of tangency of the center line of the most
northerly curve of General Douglas MacArthur Causeway, running south-
eastwardly from the, northwesterly corner of Watson Island and having
a radius of 1432.69 feet and a central angle of 62000'00"; thence
run northeastwardly along the northeasterly prolongation of the radial
line of the abovementioned curve for a distance of 670.74 feet, more
or less, to the point of beginning of the tract of land hereinafter
described; thence deflecting to the right 109014'22" on a hearing of
S9052'53"E 387.30 feet to a point; thence N89032'37"E 430.82 feet;
thence N9052'53"W 480.55 feet to a point; thence N44007'15"W 350.00
feet to a point; thence S89005'20"W 220.12 feet to a point; thence
S8007'15"E 346.53 feet, more or less, to the point of heginninf,,
containing 6.56 acres, more or less (2.5 acres more or less bein,,l
submerged land). An easement for ingress and egress will be
provided by the City of Miami.
NOTE: The above descriptions, distances, and. areas are subject
to adjustment after inspection and verification by field
survey.
82-95
P.E'OF'OSEO L eA SE A ReA -
"IA M/ Yr4 cl/T cG UB
A T W.4 r.S'OAI 1,54 A MD
c 7- Y OF' "IA M/
82-95
"IS C . /7
v AI u 'r